On the ratification of the Agreement on the Functioning of the Customs Union within the Framework of the Multilateral Trading System

Home / RLA / On the ratification of the Agreement on the Functioning of the Customs Union within the Framework of the Multilateral Trading System

The Law of the Republic of Kazakhstan dated November 21, 2011 No. 494-IV.

To ratify the Agreement on the Functioning of the Customs Union within the Framework of the Multilateral Trading system, signed in Minsk on May 19, 2011.

President

Republic of Kazakhstan

N. NAZARBAYEV

The Agreement on the Functioning of the Customs Union within the framework of the multilateral trading system

The Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties,

BEING members of the Customs Union they created,

REAFFIRMING the desire of the Parties to join the World Trade Organization (hereinafter referred to as the WTO) on coordinated terms as soon as possible.,

RECOGNIZING that each Party's membership in the WTO will create favorable conditions for deepening their integration into the international trading system and the effective functioning of the Customs Union in accordance with WTO rules and obligations,

AFFIRMING the need and advantages of the unification and uniform application of the Parties' trade regimes with respect to third countries in order to promote trade and attract investment,

CONSIDERING the universal nature of the WTO in terms of its membership and coverage of international trade regulation issues,

NOTING the high requirements set by the WTO for its members regarding compliance with the Marrakesh Agreement establishing the WTO (hereinafter referred to as the WTO Agreement), as well as the obligations assumed by each member,

RECOGNIZING the need to interpret the trade regimes of the Customs Union Parties in the context of the WTO Agreement,

We have agreed on the following:

Article 1

1. From the date of accession of any of the Parties to the WTO, the provisions of the WTO Agreement, as defined in the Protocol on the Accession of this Party to the WTO, including obligations assumed as a condition of its accession to the WTO and related to legal relations, the powers to regulate which within the Customs Union delegated by the Parties to the Customs Union, and legal relations regulated by international agreements which constitute the contractual legal framework of the Customs Union, become part of the legal system of the Customs Union. At the same time, the first Party joining the WTO is obliged to inform the other Parties and coordinate with them actions regarding the acceptance of obligations as a condition of its accession, requiring changes to the legal system of the Customs Union.

2. From the moment such a Party joins the WTO, the rates of the Single Customs Tariff of the Customs Union will not exceed the import tariff rates provided for in the List of Concessions and Obligations on Market Access for Goods, which are an annex to the Protocol on the Accession of this Party to the WTO, except as provided by the WTO Agreement.

3. Upon subsequent accession to the WTO by the other Party, its obligations assumed as a condition of accession to the WTO, relating to legal relations, the powers to regulate which within the framework of the Customs Union are delegated by the Parties to the Customs Union authorities, and legal relations regulated by international agreements forming the contractual legal framework of the Customs Union, also become part of the legal system of the Customs Union. At the same time, the Party joining the WTO is obliged to inform the other Parties and coordinate with them actions regarding the acceptance of obligations as a condition of its accession, requiring changes to the legal system of the Customs Union.

4. In the event of differences between the consolidated results of negotiations on import duty rates of the Parties reached during the WTO accession process, such Parties will immediately consult with each other and promptly enter into negotiations with WTO members whose interests are affected by such discrepancies in order to harmonize import duty rates. At the same time, all Parties coordinate their positions and express their intention to be guided by the relevant provisions of the WTO Agreement, which apply in the case of tariff harmonization by customs unions.

The rates of the Single Customs Tariff of the Customs Union will not exceed the rates agreed upon as a result of harmonization, except in cases stipulated by the WTO Agreement.

5. In negotiations on obligations of a systemic nature on issues within the competence of the Customs Union authorities, each newly acceding Party strives to form such a volume of obligations affecting legal relations, the powers to regulate which are delegated by the Parties to the Customs Union authorities, and legal relations regulated by international agreements constituting the contractual legal framework of the Customs Union, which is as consistent as possible would be the obligations of the Party that was the first to join the WTO. Fundamental deviations from such obligations resulting from the negotiations of the newly acceding Party to the WTO are subject to discussion and agreement by the Parties.

6. Regardless of the provisions of the first and third paragraphs of this Article, a Party that is not a WTO member has the right to derogate from the provisions of the WTO Agreement, including obligations assumed by the Party that joined the WTO and became part of the legal system of the Customs Union, to the extent that the legal system of the Customs Union and the decisions of its bodies require adjustments in accordance with Article 2, and/or if such legal relations are autonomously regulated within its national legal system. The Party using such derogations shall notify the Customs Union Commission of the nature and extent of such derogations, and the Customs Union Commission shall publish these notices. After such a Party's accession to the WTO, any specified derogation will be permitted only if it is expressly provided for by the terms of such a Party's accession to the WTO.

Article 2

1. The Parties will take measures to bring the legal system of the Customs Union and the decisions of its bodies in line with the WTO Agreement, as set out in the Protocol on the Accession of each Party, including the obligations of each Party, accepted as one of the conditions for its accession to the WTO. Before these measures are taken, the provisions of the WTO Agreement, including the obligations assumed by the Parties as conditions for their accession to the WTO, take precedence over the relevant provisions of international treaties concluded within the Customs Union and decisions taken by its bodies.

2. The rights and obligations of the Parties arising from the WTO Agreement, as defined in the Protocols on each Party's Accession to the WTO, including obligations assumed as a condition of the Party's accession to the WTO, which become part of the legal system of the Customs Union, are not subject to cancellation or restriction by decision of the Customs Union authorities, including the EurAsEC Court, or international an agreement concluded between the Parties.

3. If certain norms of the Customs Union's legal system are more liberal than the WTO Agreement, but do not contradict it, the Parties ensure the application of such norms for the purposes of the effective functioning of the Customs Union and the development of international trade.

4. When concluding international agreements within the Customs Union, and when adopting and applying acts of the Customs Union by its bodies, the Parties ensure that such agreements and acts comply with the WTO Agreement.

5. The provisions of this article will be applied subject to the derogations provided for in paragraph 6 of Article 1 of this Treaty.

Article 3

The provisions of the WTO Agreement governing the establishment of customs unions shall apply to the application of this Treaty.

Article 4

Reservations to this Agreement are not allowed.

Article 5

This Treaty is subject to ratification.

The procedure for the entry into force, withdrawal from and accession to this Treaty is determined by the Protocol on the Procedure for the Entry into Force of International Treaties aimed at Forming the Legal Framework of the Customs Union, withdrawal from and Accession to them dated October 6, 2007.

Done in Minsk on May 19, 2011, in one original copy in the Russian language.

The original copy of this Agreement is kept by the depository, which is the Commission of the Customs Union.

The Depositary will send each Party a certified copy of this Agreement.

Behind

The Republic

Russian

Belarus

Kazakhstan

The Federation

I hereby certify that this text is a complete and authentic copy of the Agreement on the Functioning of the Customs Union within the Framework of the Multilateral Trading System, signed on May 19, 2011 in Minsk.:

for the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus S.N. Rumas;

for the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan U.E. Shukeyev;

for the Russian Federation - I.I. Shuvalov, First Deputy Chairman of the Government of the Russian Federation.

The original copy is kept in the Commission of the Customs Union.

Everything is laced, fastened

signed and sealed

5 sheets

Deputy Director of the Legal Department

Department of the Secretariat

Customs Union Commissions

M.I. Khalimov

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases